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SANJAY SHARMA (ADVOCATE IN CHARGE)     26 August 2011

Section 138 niact

FIRST OF ALL I WANT TO THANKS OF ALL THE EXPERTY OF LAW AND LAW GAINERS.

 

SIR/MADAM

 

CAN ANYONE PROVIDE ME A JUDGEMENT IN WHICH A SECURITY CHEQUES WILL NOT BE COUNT UNDER SECTION 138 NIA.

 

I WILL BE VERY OBLIGED OF YOU.

 

THANX ONCE AGAIN



Learning

 8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 August 2011

There are no of such citations on files section pl just check , but you have to prove it was a security cheque that is all.

1 Like

pratik (self working)     26 August 2011

I Do Agree With JSDN Sir

Chetan Pardakhe (Advocate & Corporate Consultant)     27 August 2011

AIR 2003 SC 2035 is it for post dt. cheques i hope it will helpful to u

R Trivedi (advocate.dma@gmail.com)     12 February 2012

Mumbai High Court based on a Supreme Court Judgement has made the rule absolute regarding inapplicability of S.138 on Security cheque.

R Trivedi (advocate.dma@gmail.com)     12 February 2012

 

Joseph Vilangadan. v. Phenomenal Health Care Services Ltd. & Anr.

CRIMINAL WRIT PETITION NO.2243 OF 2009

The above order by Mumbai High Court is quite helpful for accused with security cheques.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 February 2012

Citaions can not be made applicable for every case. First the basic fact will be you have to prove the cheque was security cheque.

 

There are more easier and simpler methods t come out of any NI 138 cases for the accused.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 February 2012

P P Kumar has posted a case of conviction in a defferent thread under NI 138 which was a sure win case.

Dues were claimed for Rs six lacks paid in cash and not shown in accounts so no legal liability. There are no of citations still the accused is convicted.

 

Simple tricks of defense.
When a bucket is lost in a well what normally in a village they do to recover this bucket. They keep a multi angled hook catch just like an octopus . It has small small hooks at different angles. It is lowered in the well the bucket gets entangled in any one of the hooks.

Similarly for defense you must not stick to any one strategy however plausible and strong it may look. Study each and every word of the documents and find as many faults as possible. You will get numerous mistakes of the opponent.

Please do not put much reliance on citations of higher courts since many times even applicable but lower courts may disagree. So in over confidence due to dependence on citations other opportunities of defense are lost.

R Trivedi (advocate.dma@gmail.com)     12 February 2012

Thats very well said by JSDN. The order of the lower court has no mathematical formula, it helps a lot to prepare a comprehensive defense, a favorable response even in one defense will get you acquitted.


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